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San Jose Divorce Lawyer Discusses Headlines Scream Mel Gibson Getting Divorce

San Jose Divorce Lawyer Discusses Headlines Scream Mel Gibson Getting Divorce

The internet and entertainment news sources are abuzz with the recently filing for divorce by Mel Gibson and his wife of 28 years, Robyn. Gibson, who is known not only for his movies, but for his strongly held extremely conservative Catholic beliefs, seems an unlikely candidate for dissolution, but the petition filed by Gibon’s wife cites irreconcilable differences. The long-term marriage was not preceded by a pre-nuptial agreement, so under California law all property acquired during marriage (except as a result of a gift, bequest or devise) is community property. That means that the millions of dollars earned from movies during the last 28 years, and the assets acquired with those funds are community property and subject to division in the dissolution.

Among the issues likely to be raised in the dissolution are distribution and division of property, spousal support, and attorney fees. Six of the parties’ seven children are past the age of majority, but since one remains a minor, the Gibsons will likely be addressing child custody, visitation and support issues in addition to those identified above. Rumors are circulating that the reason for the split is Mel’s infidelity with a Russian singer recently signed by his record label.

One possible issue may be the date of separation. Some sources say the parties formally separated some time ago, whereas others indicate the last straw was the new girlfriend. The petition filed by Robyn Gibson, apparently lists the date of separation as TBD, whereas Mel Gibson’s response indicates it as August of 2006, nearly 3 years ago. The date of separation matters because in California, a community property state, all income earned after the date of separation is that spouse’s separate property. All property acquired after that date is separate property (unless the source of funds for the property is community property funds).

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com